Eviction Act Definitions & Variations — HA 1988 s. 33
HA 1988 s. 33 updates the Protection from Eviction Act 1977 to include assured tenancies and defines how rent variations create new tenancies.
In this Chapter “ the 1977 Act ” means the Protection from Eviction Act 1977. In section 8 of the 1977 Act (interpretation) at the end of subsection (1) (statutory protected tenancy) there shall be inserted— an assured tenancy or assured agricultural occupancy under Part I of the Housing Act 1988. At the end of that section there shall be added the following subsections— In this Act “ excluded tenancy ” and “ excluded licence ” have the meaning assigned by section 3A of this Act. If, on or after the date on which the Housing Act 1988 came into force, the terms of an excluded tenancy or excluded licence entered into before that date are varied, then— if the variation affects the amount of the rent which is payable under the tenancy or licence, the tenancy or licence shall be treated for the purposes of sections 3(2C) and 5(1B) above as a new tenancy or licence entered into at the time of the variation; and if the variation does not affect the amount of the rent which is so payable, nothing in this Act shall affect the determination of the question whether the variation is such as to give rise to a new tenancy or licence. Any reference in subsection (5) above to a variation affecting the amount of the rent which is payable under a tenancy or licence does not include a reference to— a reduction or increase effected under Part III or Part VI of the Rent Act 1977 (rents under regulated tenancies and housing association tenancies), section 78 of that Act (power of rent tribunal in relation to restricted contracts) or sections 11 to 14 of the Rent (Agriculture) Act 1976; or a variation which is made by the parties and has the effect of making the rent expressed to be payable under the tenancy or licence the same as a rent for the dwelling which is entered in the register under Part IV or section 79 of the Rent Act 1977.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 33 amends the Protection from Eviction Act 1977 to connect it with the framework introduced under Part I of the Housing Act 1988. It updates the definition of statutory protected tenancies in section 8 of the 1977 Act to include an assured tenancy or an assured agricultural occupancy. It also formally incorporates the terms 'excluded tenancy' and 'excluded licence' into the 1977 Act by referencing section 3A of that legislation.
In addition, this provision regulates how changes to agreements entered into before the Housing Act 1988 came into force affect protection from eviction. If a variation to a pre-existing agreement alters the rent payable, the tenancy or licence is treated as a new one entered into at the time of the variation for the purposes of sections 3(2C) and 5(1B) of the 1977 Act. If the variation does not alter the rent, general law governs whether a new agreement was created. Rent adjustments made through specific statutory machinery—such as Part III or VI of the Rent Act 1977, section 78 of that Act, or sections 11 to 14 of the Rent (Agriculture) Act 1976—or matching a registered rent under Part IV or section 79 do not count as rent variations under this rule.
When it applies
- Determining whether an assured tenancy under Part I of the Housing Act 1988 is recognized under section 8 of the Protection from Eviction Act 1977.
- Evaluating whether a post-1988 variation in rent on an older agreement creates a new tenancy for the purpose of section 3(2C) or section 5(1B) of the 1977 Act.
- Establishing that a rent increase matching a registered rent under section 79 of the Rent Act 1977 does not count as a rent variation creating a new tenancy.
What this section does not say
- The full list of criteria defining an excluded tenancy, which is set out in section 3A of the Protection from Eviction Act 1977.
- The mandatory and discretionary grounds for possession, which are detailed in section 8 of the Housing Act 1988.
- Rules on notices to quit generally, which are addressed in section 32 of the Housing Act 1988.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of HA 1988 s. 33 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.